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State Licenses and Permits

December 2010, Public Safety & Quality of Life Committee

32 East 21st Street, between Broadway and Park Avenue South, Gravy New York LLC - application for a new on-premises liquor license

WHEREAS, Ken Halberg, on behalf of Gravy New York LLC ("Applicant"), has notified Community Board Five of the Applicant's intention to apply for a new liquor license for the ground floor restaurant to be located at the premises leased to Applicant at 32 East 21st Street (between Broadway and Park Avenue South), New York, New York (the "Premises"); and

WHEREAS, The Premises consists of approximately 3,600 square feet on the ground floor, which includes the kitchen, and an additional 1,900 square feet in the basement; and

WHEREAS, The Premises will be operated exclusively as a restaurant, with a total of approximately 34 tables, 140 seats, and 20 bar stools, with a full kitchen; and

WHEREAS, The total capacity of the Premises is 189; and

WHEREAS, The Premises includes 1 patron bar and no service bars; and

WHEREAS, The Premises were formerly used as a restaurant with no negative impact on the surrounding community; and

WHEREAS, Applicant's team is composed of experienced restaurateurs with an impressive resume and successful, well-known, and highly reputable restaurants; and

WHEREAS, Applicant shall:

  1. agree to keep the establishment exclusively as a restaurant, with hours of operation Monday through Wednesday from 12pm to 12am,and Thursday, and Friday, from 12pm - 1am; Sunday from 11 am to 12 am; and Saturday from 11 am - 1 am.
  2. not apply for a cabaret license or a sidewalk cafe;
  3. not hire outside promoters;
  4. not incorporate a DJ or live music, and agree to keep the stereo ambient music conducive to an eating establishment only;
  5. private parties shall be deemed included in restaurant use but promoter-driven public events are specifically excluded from restaurant use;
  6. at all times use best efforts to (i) maintain order both inside and outside of the Premises; (ii) ensure that patrons enter and leave the Premises in a peaceful, quiet and respectful manner; (iii) discourage patrons from congregating outside the Premises, and (iv) use best efforts to clear the area outside the Premises of all patrons immediately after closing;
  7. not utilize an exterior "velvet rope" door policy. Exterior queuing required for purposes of maintaining legal capacity shall be permitted so long as Applicant has an employee responsible for maintaining the orderliness of patrons;
  8. meet with neighbors and CB5 if requested and shall provide a 24-hour hotline to a live manager or owner to immediately address any complaints from the community; and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Ken Halberg ever contemplate a transfer of his interest in Applicant so that he does not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by Gravy New York LLC for a new liquor license for the ground floor restaurant to be located at 32 East 21st Street (between Broadway and Park Avenue South), New York, New York, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 34 in favor; 0 opposed; 1 abstaining.

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